Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-04-09

dIGSI Staying Lu6 execution Tie LlesluenI
requested the court to send to Washing
ton the evidence and full statement Of
the case, in reply to which Judge Isaac c..
Parker addressed the following letter to
the President relative to McCarty's crime
and the means resorted to by the parties
who got up the application to obtain
executive clemency, which is an eminently
correct account of the crime, trial and
conviction:
FORT SMITH, ARK, Feb. 5, 1887.
| To the President:
! | write you in regard to the application
| for respite of the sentence of Pat Nc
| Carly, passed by the United States Court
for the Western district of Arkansas upon
Patrick McCarty, October 80, 1886. This
| application was presented to you, and
upon it you granted him respite
until April s, 1887. In this petition
it is stated amo6g other things
| "counsel being appointed upon the day OF
! trial, had no time to prepare the case or
/ procure witnesses" This statement, to
those who made the application, was
knowingly false and evidently made by
them for the purpose OF creating the i'm
preston in your mind that MeCarty did
not have fair trial. The records of the
court show tnst on May IA. 1886, an at
torney was appointed to defend McCarty,
and he was an able attorney OF the court.
| That on May "A, 1886, McCarty was ar
raigned; that on May 20, 1856, defendant
| filed application for witnesses prepared
| by his attorney and sworn to by him;
that on May a. 1886 application for wit
nesses was allowed by the court. The
case was then continued by the court I'M
til September 81, 1886, when the trial be-
gan, and on the 23d of the same month
McCarty was convicted, by an intelligent
and honest jury of two murders, the
most brutal and bloody in the
annals of crime. The 'appIi-
cation for witnesses contained
| the names of three persons, a man by the
name of Childers and two persons de-
scribed in the application as "one Dunn"
ChildersIWas obtained and gave his evil
dence at the trial. The zone Dunn"
after dilligent search by the marshals
! were never found, and were unquestion-
ably men of straw. ChildeTs, instead of
swearing to what McCarty said he would
in his application, testified to an opposite
state of facts. McCarty and another man
who has not yet been arrested, commit
ted a double murder. The facts as
pro yed by reliable wItne ses are: The
| Iuul UCIGu iuSu NSIS bWO WO1Iuy yOuuS
men by the name of Mahoney-industri-
Gus, well-to-dO, prosperous men, who,
with their teams, had been working on
the Atlantic and Pacific Railroad in the
Indian country. When the work was
about done there, they, after they had
earned perhaps 5000, and had the same
| in money, started from place called
| Red Fork, in the Indian Territory, to
| Nrf hoH fyrN fin
mules, two mares, 8 good wagon and
quite quantity Of other loose property,
| suca as bedding, wearing apparel,
good camping outfit and the money they
had earned. When they started from Red
Fork, unfortunately for them, out of pure
charity they permitted to travel, ride and
camp with them, two vagabonds and
tramps, Patrick McCarty and Joe Stutzer,
They never reached Fort Scott, but their
dead and muUilated bodies were after
wards found by q citizen of the Nation
partially covered with dirt in drain from
a coal bank, at point in theIndian country
| between COffeyville, Kan, and Vlnita in
| the Indian Territory. The neighbOrs
gathered in, and it was discovered from
! the marks Of violence on the men that
| they had been murdered, hut who they
were was not known. The ii ding of the
bodies was nOised about and the poor old
mother Of the Boys. not having heard
| from her sons for an unusual time, be-
came fearful that the bodies might be the
| bodies of her sons. She came to VinitG
and procured gentleman to go with her
! to the place where the people had buried
| the bodies. The neighbors again gathered,
| the graves were opened, and there
| she beheld the mangled bodies
of her dead sOns-tWO young men of good
character, her only stay, support and
comfort in her old age, who had been
murdered by aSsGsSins for their money
and property. At the time the people
! first gathered where the bodies were found
| they discovered the remains of what had
| been fre-bed clothing partially burned,
! boots and shoes burned, etc. On the
probable night OF the murder man liv-
| ing in the neighborhOod smelled burning
| clothes and leather. The wind ct the
time was blowing from the direction of
! the bodies of the murdered men toward
| the house. On the next day after this
night Patrick McCsrty and Joe StutZer
drove with the two mules, two mares and
wagon of the MahOneys TO point in the
timber near Vlnita and c2mped there.
| That evening StutZer came into VInita
| and made inquiries around the town If
there was anyone there from Red Fork.
| When he found there was no one there
who would likely identify the teams,
wagon, ETC., he returned TO camp
and early next morning he and McCarty
| drove into town with the mules, mares
and wagon of the Mahoneys. McCartY
there represented them as belonging to
himself and Stutzer, saying they had been
using them in working on the railroad.
McCarty sold the mules for 1925, not half
their value, and threw in an extra set of
harness they had gotten with their
plumber, divided the money with Stutzer,
and the latter went away with the mares
and wagon of the Mehoneys. In that
wagon was the trunk of. the Mahoneys
with their clothing in it. McCarty was
seen by woman with the wagon, mules
and mares between where the bodies
were found and VinitaA McCarty, after
disposing OF the mules took the train
and vent to Springfield, Mo, where he
spent money freely and was met by per-
sons who knew him at Red Fork, and who
knew he did not have money while there,
and who also knew he had left there with
the Mahoneys. These persons accused
him OF getting away with the Mahoneys